Terms of Service

Your Acceptance of Maggie’s Terms of Use

These Terms of Use will govern your use of the Enfant application Maggie (the “Application”, “App”, or  “Licensed Application”), the heymaggie.com website (the “Website”), and all other services provided by Enfant (collectively, the “Services”). 

These Terms of Use set forth the terms and conditions of use of the Services in addition to those set forth in Google Play standard EULA as part of the App Store’s Terms of Service.  These Terms of Use may be modified by Enfant in its sole discretion from time to time and such modifications shall automatically become part of the Terms of Use and shall be effective once posted by Enfant on the Enfant.com website. Your use of the Services will be subject to any such modifications. You should review the Website and these Terms of Use from time to time for any modifications.

YOU UNDERSTAND THAT BY USING THE WEBSITE, THE APPLICATION, AND/OR THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE ENFANT’S WEBSITE, APPLICATIONS, OR SERVICES. 

Your Use of the Website and Application
 
You may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Enfant Service: (1) use, display, mirror or frame the Enfant Service or any individual element within the Enfant Service, Enfant’s name, any Enfant trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Enfant’s express written consent; (2) access or tamper with non-public areas of the Enfant Service, Enfant’s computer systems, or the technical delivery systems of Enfant’s providers; (3) test the vulnerability of any Enfant system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Enfant or any of Enfant’s providers or any other third party (including another user) to protect the Enfant Service or Enfant Content; (5) access the Enfant Service or Enfant Content through the use of any mechanism other than through the use of an Authorized Connection, Enfant Service or Enfant API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Enfant provides to you or any other part of the Enfant Service.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Enfant server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Enfant, including any Enfant account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Enfant’s systems or networks, or any systems or networks connected to the Website or the App.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Enfant or any third parties.

Changes to the Website

Enfant reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Creating an Account

Full use of the Enfant Service requires that you create an account by providing us with a valid email address, password, preliminary baby information including but not limited to birthdate, weight, and primary language spoken. You are responsible for all activity that occurs in association with your account. Enfant is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the Enfant Service. These communications are part of the Enfant Service and you may not opt-out from receiving them. You can opt-out from receiving other communications.

Necessary Equipment

Full use of the Enfant Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Enfant Service and it is your responsibility to ensure the equipment’s functionality.

Enfant’s Content 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Enfant, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Enfant’s express prior written consent.

User-Generated Content

User-Generated Content includes anything you upload to, store on, or transmit through the Website, such as providing anonymous infant vocalizations, and other data, documents, photos, and video. Enfant does not claim ownership of User-Generated Content, but by posting it you grant to Enfant a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, excerpt (in whole or in part), adapt, publish, publicly display, publicly perform and distribute Your Content.  As a pilot User of the Enfant Service, you also specifically grant to Enfant the right to use your name and image for limited marketing purposes.  Otherwise, your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the User-Generated Content that you and others make available on the Services. Enfant does not attest to the accuracy of any User-Generated Content available on the Website, and you rely on the information conveyed in such User-Generated Content at your own risk. 

Additionally, you will not upload, store, or transmit any User-Generated Content that infringes the copyright, trademark, trade dress, or other intellectual property of a third party on the Website. Enfant disclaims liability for any such activity by the user that may infringe third-party intellectual property, and you further agree to indemnify Enfant for any and all harm resulting from such activity.

Feedback and Submissions Policy

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Enfant, or obtained from sources other than you.

We are always pleased to hear from Users.  However, neither Enfant, nor any of its employees, may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Therefore, please do not submit any such unsolicited ideas in any form to Enfant or any of its employees. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you.

If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that the following shall apply: (i) we shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of Enfant, without any compensation to you; (iii) we may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you (collectively, the “Terms and Conditions”).

If a User provides us (at our request or otherwise) a comment or suggestion regarding our products or services (including our mobile app or any of our devices) through any means, such as our Product Development web forums, help forums or via any social network, the Terms and Conditions set forth above shall also apply thereto.

Application Licensed Solely for Personal Use

You understand and agree that the Enfant application is licensed to you solely for your personal, non-commercial use. Usage of the application for corporate or commercial purposes without an explicit commercial license from Enfant is prohibited and constitutes both copyright and patent infringement.

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support:  enfanttech@gmail.com. Upon any termination, discontinuation or cancellation of the Enfant Service or your account, the following provisions of these Terms will survive: Content; User-Generated Content, Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and Choice of Law and Severability. 

Payment Processing

Payments are managed on the Website through the use of a third-party payment-processing provider including the Google Play. In accordance with the “DISCLAIMERS” subsection within these Terms of Use, Enfant disclaims itself from any and all liability that may ensue from your use of the payment processing services. 

Use the Enfant Service at Your Own Risk

Our goal is to provide helpful and accurate information on the Enfant Service, but we make no endorsement, representation or warranty of any kind about any Enfant Content, information, services or recommendations. The accuracy of the data collected and presented through the Enfant Service is not intended to match that of medical devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Enfant Service. If you rely on any Enfant Content or the Enfant Service, you do so solely at your own risk.

Consult with your Doctor

The Enfant Service is not intended to diagnose, treat, cure, or prevent any disease or health condition. If you or your child experience any health issues, stop using the Enfant Service and consult with a medical professional.  It is your responsibility to call 911 for any urgent medical needs.  Enfant is not responsible for any health problems that may result from programs, consultations, products, or events you learn about through the Enfant Service. If you use the Enfant Service you agree that you do so at your own risk and are voluntarily participating in any related activities.

Use Common Sense

Use of the Enfant Service should not replace your good judgment and common sense. 

Disclaimers

ENFANT DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, APPLICATION, SERVICE OR FEATURE ACCESSED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE APPLICATION, THE SERVICES, THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ENFANT CANNOT ENSURE THAT THE APPLICATION, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ENFANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENFANT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, THE APPLICATION, AND/OR ANY ENFANT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION, THE SERVICES, AND THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ENFANT FOR DISSATISFACTION WITH THE APPLICATION, THE SERVICES, THE WEBSITE OR ANY CONTENT IS TO STOP USING THE APPLICATION, SERVICES, WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Limitation of Liability

NEITHER ENFANT, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ENFANT SERVICE WILL BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE ENFANT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENFANT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

You agree that, to the extent permitted by applicable law, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ENFANT SERVICE IS TERMINATION AND DISCONTINUATION OF YOUR USE OF THE ENFANT SERVICE. IN NO EVENT WILL ENFANT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE ENFANT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO ENFANT FOR USE OF THE ENFANT SERVICE.

ENFANT WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY USER ON INFORMATION OR ADVICE PROVIDED BY ANY THIRD PARTY LISTED ON THE ENFANT SERVICE OR OTHER SOCIAL MEDIA SITES, RECOMMENDED BY ENFANT, OR AFFILIATED WITH ENFANT IN ANY WAY. 
ENFANT DOES NOT CONTROL OR VERIFY THE QUALITY, RELEVANCE OR ACCURACY OF SUCH THIRD PARTIES’ ADVICE, WHETHER THE THIRD PARTY IS QUALIFIED TO PROVIDE THE SPECIFIC ADVICE, WHETHER THE THIRD PARTY IS CATEGORIZED CORRECTLY OR IN THE MOST APPROPRIATE CATEGORY TO PROVIDE THE ADVICE SOUGHT BY THE USER, THE ACCURACY OF ANY POSTINGS ON THE ENFANT SERVICE OR ANY TRANSMISSIONS THROUGH THE ENFANT SERVICE BY THE USER OR BY A THIRD PARTY.

THE USER HEREBY RELEASES AND AGREES TO HOLD HARMLESS ENFANT, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, ADVISORS, CONSULTANTS AND ASSIGNS FROM ANY AND ALL CAUSES OF ACTION, CLAIMS OF ANY NATURE AND DAMAGES RESULTING FROM THE ADVICE OF THIRD PARTIES ACCESSED THROUGH THE ENFANT SERVICE OR FROM THE CONTENT OF THE ENFANT SERVICE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ENFANT AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold our officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of Enfant’s Website, applications, or services, and/or your violation of any law or the rights of a third party. 

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use. 

Choice of Law

These Terms of Use and our provision of Services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of California, without giving effect to California’s conflicts of law provisions.

Dispute Resolution

Any dispute arising from or relating to these Terms of Use, the Website, the Application, or our provision of Services to you must be initiated and resolved in a court of competent jurisdiction in the State of California.  If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.

Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.

Our Enforcement Rights

We are not obligated to monitor access or use of the Enfant Service, Enfant Content, or Your Content or to review or edit any Enfant Content or Your Content. However, we have the right to do so for the purpose of operating the Enfant Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Enfant Service, any Enfant Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Enfant Content, Your Content, or your use of the Enfant Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Enfant Service.

Severability

In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms of Use will remain in force as though they had not originally included the unenforceable provision.

If two or more Terms of Use provisions are deemed to conflict with each other's operation, Enfant shall have the sole right to elect which provision remains in force.

Contacting Enfant

If you have any questions about these Terms of Use, or about Enfant’s Website, Application, or Services, please contact Enfant Customer Support at enfanttech@gmail.com.